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B-400670.2,B-400670.3 1 (2009-05-28)

handle is hein.gao/gaobadawo0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office     DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter  of:  Stateside Associates, Inc.

          File:        B-400670.2; B-400670.3

          Date:        May 28, 2009

          William W. Goodrich, Jr., Esq., Richard J. Webber, Esq., and Kavitha J. Babu, Esq.,
          Arent Fox LLP, for the protester.
          Arthur F. Thibodeau III, Esq., Naval Facilities Engineering Command, for the agency.
          Michael A. Hordell, Esq., Stanley R. Soya, Esq., and Heather Kilgore Weiner, Esq.,
          Pepper Hamilton LLP.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. In solicitation for monitoring developing legislation, where performance
          objectives clearly encompassed awardee's proposed use of case law data holdings,
          agency reasonably assigned evaluated strength for that aspect of awardee's proposal,
          even though solicitation did not specify that type of research.

          2. Agency reasonably assessed evaluated weakness in protester's proposal where
          experience under protester's incumbent contract reflected users' need to access
          [deleted] protester's proposed websites--rather than a single website--in order to
          obtain full benefit of features such as search capabilities.

          3. Where protester was provided opportunity to explain past performance issue
          during performance of ongoing task order, agency was not required to provide
          protester with another opportunity to address the matter in discussions.

          4. Protest that agency improperly assigned single, overall adjectival rating, which
          allegedly gave undue weight to only factor where awardee's proposal had more
          strengths than protester's, is denied, since record shows that award decision was
          based not on adjectival ratings, but on relative strengths and weaknesses of
          protester's and awardee's proposals.
          DECISION

          Stateside Associates, Inc. (SAI), of Arlington, Virginia, protests the award of a
          contract to LexisNexis, of Miamisburg, Ohio, under request for proposals (RFP)

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